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  5. 102 F.2d 773 (1939)
 

PROCTER & GAMBLE CO. v. J. L. PRESCOTT CO.

Nos. 6249, 6264.

102 F.2d 773 (1939)

PROCTER & GAMBLE CO. v. J. L. PRESCOTT CO. J. L. PRESCOTT CO. v. PROCTER & GAMBLE CO.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied April 11, 1939.

Attorney(s) appearing for the Case

Joshua R. H. Potts and Basel H. Brune, both of Philadelphia, Pa., Eugene Vincent Clarke, of Chicago, Ill., and Charles P. Hutchinson, of Trenton, N. J., for counter-claimant.

Thos. G. Haight, of Jersey City, N. J., Cooper, Kerr & Dunham, and Drury W. Cooper, all of New York City, and Allen & Allen, Marston Allen, Erastus S. Allen, and Dinsmore, Shohl & Sawyer, Frank F. Dinsmore and Walter M. Shohl, all of Cincinnati, Ohio, for plaintiff.

Before BUFFINGTON and BIGGS, Circuit Judges, and WATSON, District Judge.

BIGGS, Circuit Judge.

Two appeals are presented by the cases at bar. One, No. 6249, is a suit by Procter & Gamble Company against J. L. Prescott Company in which the gravamen of the complaint is that Prescott infringed its rights in the trade mark "Oxydol" by placing upon the market a product called "Oxol", and was guilty of unfair competition in respect to the sales of that product. The second suit, No. 6264, is a cross complaint by Prescott against Procter ...

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